United States Fifth Circuit

In an action against an insurer and an adjuster alleging that the insurer improperly denied plaintiffs' claim for workers' compensation survivor death benefits in violation of state law, summary judgment for defendants after they remanded the matter to federal court is vacated where the adjuster was not improperly joined to defeat diversity, and thus the federal courts lacked subject matter jurisdiction of the case.

Appellate Information

• Decided 06/28/2007
• Published 06/29/2007

Judges

• WIENER, Circuit Judge:, Before HIGGINBOTHAM, DAVIS, and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Stephen R. Goetzmann, Josh Bernstein (argued), Dallas, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• David L. Brenner (argued), Amanda Lewis, Burns, Anderson, Jury & Brenner, Austin, TX, for Defendants-Appellees.